USLaw.com's Celebrity Justice

Andrew Auernheimer’s Arithmetic Crime against the Government: A Primer

Stacy Schneider, Esq. — Mon, 08 Apr 2013 20:05:31 +0000

Weev’s tale weaves the same legal path as Aaron Swartz’s, even while his tactics– and fortitude– are bolder

While not as widely a sympathetic a personality to all, Andrew Aurenheimer’s plight ought to arouse concern and action among anyone who mourns the circumstances of Aaron Swartz’s unfortunate prosecution:

“The controversial hacker’s punishment highlights flaws in the justice system, ” Rolling Stone.

“Auernheimer conviction could open door to government overreach in hacking cases“, Fox Business News.

” [Auernheimer Case] drives home the vital point that an unjust law is unjust whether it targets a saint or an asshole…. Hackers, Occupy Wall Streeters, artists, tech bloggers, and even venture capitalists [feel he is] a fellow pioneer who is now being punished for his ingenuity by a government that wants to control the world’s flow of information, “Gawke (and another personal vignette).

The Computer Fraud and Abuse Act Defense Fund

NYPD Challenged for False Stop-and-frisk Arrest of Critic

USLaw — Wed, 13 Mar 2013 21:45:36 +0000

A week before the the Center for Constitutional Right’s class action suit challenging the legality of the New York City Police Department’s stop-and-frisk policy is scheduled to begin (Floyd v. City of New York), Brooklyn resident Kaylan Pedine filed the latest suit today against the City for civil rights violations.

A disorderly conduct charge against Ms. Pedine upon her arrested on the evening of July 6, 2012 outside of the Mercury Bar on the east side of Manhattan traffic were dismissed by a judge for facial insufficiency. According to her attorney Mark. C Taylor Ms Pedine believes her arrest was the result of a private conversation over heard by passing NYPD Officer Craig Campion in which she stated to a friend her desire for the police force to stop it’s controversial stop and frisk policy.

Ms. Pedine believes that New York City’s stop and frisk policy “is horrendously unconstitutional to communities of color” and further believes that the her lawsuit will increase awareness and inspire “authentic conversations about solutions and [policy change].”

Her attorney Mark C. Taylor stated “The right to criticize the government is a cornerstone of our civil liberties, as is our protection against unreasonable searches. Under Police Commissioner Ray Kelly both of these rights have been ignored. The NYPD’s intolerance to criticism and disrespect to civil liberties is a natural consequence of the stop-and-frisk policy which has made a mockery of those rights.”

Federick County Officers Jewell, Rochford, and Harris Still Serving Without Answering Questions about Regal Cinema guest’s Death

USLaw — Mon, 18 Feb 2013 22:43:53 +0000

Frederick County Sheriff’s Office spokesman Cpl. Jennier Bailey asserted three officers involved in the post-arrest asphyxiation death of Regal Cinema “holdover” customer Robert Ethan Saylor have not been compelled to make statements in the case before resuming regular work duty due to their rights under Maryland’s so-called “Law Enforcement Officers’ Bill of Rights“.

Two questions USLaw.com suggests local journalists ask the Frederick County Sheriff Chuck Jenkins; Frederick County State’s Attorney Charlie Smith; and officer’s Lt. Scott Jewell, Sgt. Rich Rochford and Deputy First Class James Harris.

Does Section § 3-104 of Maryland’s Title 3, Subtitle 1 apply to off-duty officer’s working mall security?

Should BOR shield officer’s from making full disclosure of their observations of a witnessed homicide before resumption of regular duty?

Photo credit: Creative Commons by cinematreasures.org.

After Mideast Revolutions, To the Victor go the… Thanks

USLaw — Mon, 21 Feb 2011 20:48:58 +0000

Bush may have promoted the Iraq War as a beach head of democracy in the Middle East and his Secretary of Defense may be disclaiming the current Administration’s role in recent events– telling a CNN interviewer Obama’s Nobel Prize was awarded on hope after he was “president for fifteen minutes”– but the images shown on that evening’s “60 Minutes” segment reporting on the revolution in Tunisia reflect the timeless truth that “to the victor go the thanks”. CBS’s cameras caught a “Mercia Facebook” message spray painted on the side of a building and a “Yes We Can #Sidibouzid” homage to the Obama campaign slogan and the fruit vendor’s whose act of self-inflagration started the protests that have stormed across the Middle East.

What the iPhone Leak and iPad Breach have to do with the Oil Spill

USLaw — Wed, 07 Jul 2010 20:50:47 +0000

When a journalist’s home office is raided by the state of California for his coverage of a next generation consumer product that rubbed it’s manufacturer (Apple Inc.) the wrong way and a publicist is arrested by the FBI for exposing a security flaw in the website of a telecommunications company (AT&T), readers express little care or, if they do, tend to side with the large corporations, reserving what little concern they have for freedom of the press to what appear to more obvious violations of press freedoms. Same for the news media. The lack of attention these two recent episodes received from mainstream news outlets makes clear that the freedom of online business journalists is thought by many to be less vital than the freedom of those who cover more obviously political news for larger organizations. While the political media corps goes ballistic when the President ditches the press pool to watch his daughter’s soccer game, signs bills behind closed doors, or limits summit access, little outrage is mustered when bloggers face criminal charges for aggressive investigative journalism. Even legal scholars often diminish the worth of business journalism. In reference to the Gawkier iPhone story even noted law professor Jonathan Turley expresses the view that the mission of a mere gadget blog is not akin to “journalists publishing information from a whistleblower or releasing leaked documents showing corruption or public dangers.”

Yet now, just a few months later, we see that corporate activities and public dangers can collide spectacularly. Today, the corporation crushing journalistic inquiry is seeking to protect something far more menacing to the nation as a whole than a mobile phone that makes calls and plays games at the same time or an email address spewing website for an $800 electronic clipboard. There has been extensive reporting that BP has been influencing, and in some cases employing, local law enforcement agencies and the Coast Guard to harass and intimidate news organizations from covering the horrific oil spill that is devastating the entire Gulf Coast. Amid these widespread reports that BP is squelching the truth about the extent of the spill and pace of the cleanup, the public is coming to realize that allowing corporate interests to unduly influence law enforcement to trample on the free speech rights of journalists is harmful to the core of our existence.

If we’re concerned about the health of our environment, the integrity of our food supply, and the well being of millions of families whose livelihood can be impacted by the hidden malfeasance of a single corporation, we need to honor, protect, and celebrate all those who make sacrifices to shine the light on public activities, no matter if they be commercial or more directly political in nature. And no matter if the exposer of truth is modest in his approach or seeking spectacle. All truth seekers must be protected from interference by those whom the truth will incriminate. Without such a check on the power of corporate actors, the devastation caused by Enron, MCI, AIG, Bernie Madoff, and BP will be dwarfed by the harm done by future negligence that is allowed refuge in the darkness beyond even the most enterprising journalist’s reach.
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Daily Pop Justice June 25, 2010: The Anniversary Report

USLaw — Fri, 25 Jun 2010 22:14:53 +0000

On anniversary of Michael’s death, Joe Jackson will file wrongful death lawsuit against Dr. Conrad Murray.

Judge orders Lindsay Lohan to appear in court to talk about her involvement in a 2007 car crash — of course, after her probation hearing.

Mel Gibson files restraining order against his ex-girlfriend.

Another “he-said, she said:” Newly revealed police reports show Mets pitcher Johan Santana denied rape accusations last October.

Tony Hawk sues Prime Entertainment for royalties from sales of helmet cam.

False alarm: paternity test shows Tiger Woods did not father porn star Devon James’ child.

Daily Pop Justice June 24, 2010: Relationships Gone Sour

USLaw — Thu, 24 Jun 2010 20:53:03 +0000

Joan Rivers sued by former manager for defamation in recent film, “Joan Rivers: A Piece of Work.”

Mariah Carey’s veterinarian sues for $30,000 still owed by the singer for dog care.

Nas owes ex-wife Kelis $300,000 in alimony and mortgage payments.

Will.i.am’s Bentley burglarized in Hollywood Hills.

UFC fighter Chuck Liddell sues clothing company for using his image without consent.

Why Naked Cowboy’s Underwear is in a Bunch (legal analysis)

USLaw — Wed, 23 Jun 2010 20:49:18 +0000

Times Square’s affable “Naked Cowboy” seems to take only one thing seriously– his image. When Mars Inc. created an blue M&M in his likeness and used it in a video billboard in 2008, Robert Burck, 39, struck back with a multi-million dollar lawsuit, which ended in an undisclosed settlement (reportedly $4 Million).

Now, Burck has his tighty-whiteys in a bunch over another possible trademark infringement by 37-year-old Sandy Kane, a New York comedy circuit regular who has been performing as the unofficial Naked Cowgirl in Times Square for the last two years. Burck has asked her to sign a franchise agreement six times, but Kane has always ignored his requests. Though the two naked cowpeople once talked about doing a duet together, their working relationship finally went south—to Nashville—where Kane recently recorded a song for EMI Music called “He Taught Me How to Love” (more examples of Kane’s musical talent here).

The fact that Kane is claiming Burck is involved with the song is the last straw, according to Burck’s manager, Todd Rubenstein. “She claimed it features The Naked Cowboy. This is completely bogus and an unauthorized use of the registered ‘Naked Cowboy’ trademark,” he said. While a homemade CD label contains the phrase “featuring the Naked Cowboy,” the Nashville studio where Kane recorded the song, Omni Sound Studios, confirmed that she recorded the song under her own name. “She just booked us. I mean, it’s Sandy Kane. That’s how she did everything—under her name,” said owner Steve Tveit. Though a representative from EMI confirmed that Kane has indeed recorded a song, it is unclear how she is associating the song with Burck.

USLAW.COM ANALYSIS: Burck is prudent to actively maintain the integrity of his trademark. Under US law, if a trademark is licensed without adequate quality control or supervision, that trademark can be cancelled if it’s deemed to no longer serve the purpose of identifying a distinct brand and/or otherwise becomes “generic”. In fact, Rubenstein also explained that there were three official Naked Cowboy franchises, but only one still exists—the younger, official Naked Cowgirl, Louisa Holmlund, who also performs in Times Square.

Burck sent Kane a cease-and-desist letter, insisting that she pay his franchising fee (usually $500 per month or $5000 per year), under threat of a $150,000 lawsuit. Scott Rothman of Halberstadt Curley, the attorney representing Burke in his 2008 case, says that he has not been retained for this potential particular case.

Kane, a former stripper, shows no signs of budging, as she told news sources: “You know how much money I make? Two dollars a picture. I’m not selling any products!”
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Daily Pop Justice June 23, 2010: Bad Boys Continue Being Bad Boys

USLaw — Wed, 23 Jun 2010 20:19:57 +0000

Mel Gibson and soon-to-be-ex-wife sued by Malibu construction company for not paying the bills.

Former Giants star Lawrence Taylor indicted for upstate New York rape (indictment).

Stalker of Law and Order’s Katherine Erbe faces federal charges for inter-state stalking.

Mexico begins extradition “Survivor” producer accused of murdering wife (Bruce Beresford-Redman).

Nicole Richie’s probation extended one year for incomplete alcohol education classes.

Daily Pop Justice June 22, 2010: Bum Raps?

USLaw — Tue, 22 Jun 2010 18:37:40 +0000

Jay-Z owes $137,000 for private jet use, is sued by airline company.

Rapper Lil Boosie is indicted on first degree murder charges.

New documents reveal Gary Coleman filed a restraining order against ex-wife Shannon Price months before his death.

Michael Jackson’s bodyguard drops libel charges against Britain’s Channel 4.

Rapper Lil Wayne changes plea to guilty in Arizona felony charges involving drugs and weapons.

Times Square’s Naked Cowboy seeks franchise fee from Naked Cowgirl.